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Re: legal entitlement to 'working materials'?

Posted by Bill Farnsworth on 02/13/07 16:15

"FCP User" <newvideo@fastq.com> wrote
>
> I've said this hear before and I'll say it again, even tho I'm sure
> it's
> not a popular sentiment, nor a widely followed procedure.
>
> If a client wants to move a project to someone else, I send them off
> with my blessings and with all the raw footage assets, copies of the
> digital masters, and if they want it, all the timelines and
> workfiles
> they want.
>
> I'll also send along a page of notes with what I shot, why, the
> original
> notes from meetings, and whatever else might help the next group.
>
> I don't do this for THEM.
>
> I do this for ME.
>
> Because it's the kind of business person I want to be.
>
> If they've paid their bills. I give them the product of those shoots
> PERIOD.
>
> I know my approach to this is unusual, but there's a real chance
> that
> the client that has to go somewhere else will someday be asked about
> working with me. The ONLY acceptable answer in my mind is something
> like
> this.
>
> "Our project with Bill didn't work out. But he as totally
> professional
> from the first day we worked with him to the last. We didn't have
> any
> hassles getting our project materials out of his shop and he was
> NOTHING
> but helpful through the whole process."
>
> The idea that I'd hassle even a FORMER client about some idea of
> "technical ownership" of a projects components makes me shiver.
>
> The way I see it, all they're getting is OLD STUFF - but *I* I get
> to
> keep the experience. And that's what I'm selling these days. Not
> tapes,
> or discs, or computer files. Experience.
>
> I've worked that way for the past 20 years. And I'll work that way
> until
> I close up shop.
>
> YMMV.
>
> --
> Bill Davis

I couldn't agree more with Bill Davis.
That's the way all but one of my clients do it. And the one that
doesn't, has had a written (not verbal) agreement in place for the
last 35 years giving him all the rights and ownership of the raw
footage of one of his clients.

Come to think of it, one of them there clients of mine insists that
once a year their clients take all the shot stock back and store it at
their own facility.

Think about it. When push comes to shove, not only will you
permanently loose your client that wants the footage, you will loose
any and all potential clients that they might have otherwise suggested
give you a call.
On top of all that, you will wind up with court costs that are more
than what the footage is worth.

Bill Farnsworth
www.billfarnsworthvideo.com

 

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